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September 16, 2012

Anti-Cybercrime bill now a law, criminalizes bashing

Earlier last week (September 12 to be exact), Pres. Noynoy Aquino has formally signed into a law Republic Act No. 10175 or more commonly referred to as the Anti-Cybercrime Law.

This law will be jointly coordinated and implemented by the DOST, DOJ and the DILG and be implemented in 90 days.

A copy of the signed law is shown below.

One controversial section of this law is the Online Libel which makes just about anybody on the internet liable when they bash, attack, debase, humiliate or anything of that sort. That might also include cyber-bullying.

As someone who has been confronted with libel case as far back as 2006, I feel this development has serious implications. The law, while it aims to protect the victims of online crimes, can also be used to harass.

Then again, this is also a strong warning against hackers, crackers, phishers, online scammers and bullies that their days are finally over. We remember, back in August, over 300 people were arrested by the PNP and PAOCC for alleged cyber-criminal acts.

The government has allocated Php50 million annually to put up this agency. So, the next time someone hacked your Yahoo! email, cracked your Paypal account, or scammed you into buying a fake item over Sulit, you know there’s a specific law just for it.

Anti-Cybercrime Law: What you can or cannot do?
Symantec on Anti-Cybercrime Law & Network Security
Supreme Court extends TRO on RA 10175

57 Responses to “Anti-Cybercrime bill now a law, criminalizes bashing”

  1. vhangell says:

    If the servers are not hosted in the Philippines, is it covered?

  2. hhkk says:

    freedom of speech is not absolute, that’s what most people are forgetting, people who say any offensive/libellous/derogatory remarks towards another person online or not should face proper consequences!

  3. David says:

    Before the next (ignorant) person cries freedom of speech, please read and (hopefully) understand what it really means:

    http://en.wikipedia.org/wiki/Freedom_of_speech

    And while at it, please read the bill also before commenting. While nothing can essentially force you to, it helps to read and understand first.

    And yes, I read both even if you feel I don’t. Time will tell how this one is enforced, although it can be disconcerting if one sues just to shut up another because they can afford to.

  4. lawrence says:

    Well, as much as i dislike noynoy, this bill has its merit. As long as it will stick to the concept of defamation clearly defined in our law, i see no difference of the act being done online or actual. And freedom of speech is never absolute, it stops to the point when personal injury occurs. This will greatly help private individuals like us in protecting our personal rights. Its a different case for public officials anyway, for the law aknowledges we, citizens, are under qualified privilege to give our opinions regarding public matters.

  5. Truth says:

    Guys you did realized this is a stupid law? What happens if someone used your identity and bashes/bullies someone on the web? then chances are you are the one getting into trouble and would pay the price eventhough you are innocent.

    • Mystique says:

      I believe your IP address can be traced down. So the more that the person can be held liable due to impersonation and identity theft.

    • king gaa says:

      i disagree with your opinion that this is a useless law, regarding your concern there is a particular provision (Art.2,sec.3)that penalize identity theft, all you have to do is prove na wala ka ng access sa account na ginamit (kung na hack)or trace the ip address ng last user…the cyber crime division of NBI is capable of doing this……the law will also make the user more careful and responsible di lang sa mga sinasabi nila sa mga social networking site pero pati sa mga account nila

    • Jim Arc says:

      Cyber Libel is what really bugs me. Parang matatakot ka na mag voice ng opinion mo at magsabi ng mga hinanakit mo mapa gobyerno man o ibang tao, kasi malay mo gagamitin na pala laban sa iyo yung sinulat mo? Halata naman ang makikinabang lang ng husto dito ay mga pulitiko.

  6. Arsie
    Twitter: eyesfortech
    says:

    I am not really sure how to feel with this new bill. I feel like it was also copied from another bill. :) i.e. Cyber squatting of domains?? What do they know about it anyway? There’s a proper channel to do it like DMCA or the concern affected parties could directly email or contact the webhosting or the owner of the site. Really now, I understand and felt like it’s the right thing to do for some parts of the bill like the “cyber-theft” issues but some of the bill looks unfitting. Or was this created mainly to protect their turf against cyber-bullying.. you know who I am referring to.

  7. feubasagulerosauaap says:

    puro na lang batas mga putangina nila pasimuno nian si sotto na nangongopya sa blog ng iba bakit hindi sila ang paginitan nio mga putang ina nio!!!!

  8. denden says:

    so any link of the new law? slideshare.net is block in the office..

    cyber-bullying is a crime? if they can find a all of the thousand cyber-bullies(e.g. sotto incident)
    they cannot even catch edsa’s traffic public transport offenders much more of a cyber crime?

  9. Zel says:

    Absolutely. I agree with this Law for it really contributes a lot of benefits for each individual. Let us all be united for the Country’s Progress.

  10. obob says:

    Ang bilis ipinasa ng bill na to pero yung freedom information act/bill hindi mapasa pasa. Pabor kasi sa mga pulitiko pero pag sila nagigipit hindi mapasa ang mga batas na tinatarget sila.

  11. Abdul-karim says:

    @obob ganyan naman kasi ang pulitika. karamihan, sarili muna bago iba.

  12. clutz says:

    “Sec.4 (c.4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.”

    mukhang wala naman dapat ikabahala dito..

  13. april_thunder says:

    Most of you are missing the point. The problem here in the Philippines is not really just this on-line libel thingie. It’s the way our JUDGES INTERPRET libel. Do you realize that here in the Philippines, telling the TRUTH cannot be used as a defense in a libel case? Can you imagine that??? If they think that there was malice in what you wrote, then you will be found guilty anyway. This gives them excessive latitude in deciding libel cases. Most civilized, democratic countries penalize those found guilty of libel with the payment of a fine, or damages, but they DON’T SEND PEOPLE TO JAIL. Since libel is a “jailable” offense in the Philippines, this also has caught the attention of the U.N. Commission on Human Rights. Certainly our libel laws can be used as a tool for repression and oppression.
    http://www.philpressinstitute.com/2012/04/24/continue-fight-for-libel-decriminalization-media-urged/

  14. april_thunder says:

    The problem here in the Philippines is not really just this on-line libel thingie. It’s the way our JUDGES INTERPRET libel. Do you realize that here in the Philippines, telling the TRUTH cannot be used as a defense in a libel case? Can you imagine that??? If they think that there was malice in what you wrote, then you will be found guilty anyway. This gives them excessive latitude in deciding libel cases. Most civilized, democratic countries penalize those found guilty of libel with the payment of a fine, or damages, but they DON’T SEND PEOPLE TO JAIL. Since libel is a “jailable” offense in the Philippines, this also has caught the attention of the U.N. Commission on Human Rights. Certainly our libel laws can be used as a tool for repression and oppression.
    http://www.philpressinstitute.com/2012/04/24/continue-fight-for-libel-decriminalization-media-urged/

  15. francis delarmente says:

    ayaw ng gobyernong eto, kasi maraming amoy na mabahong nangangamoy sa pamahalaan nya, nagmamalinis sa baluktot na daan, wala nmang mangyayasri jaan kahit makulong pa c gloria at corona marami paring corruption, akala nila bumaba ang corruption eh lalo nga tumataas yaan an totoo

  16. jrmagtago says:

    GUYS THIS LAW CAN BE HARASS BY THREATENING TO US OF ONLINE LIBEL THAT HAVE BEEN USED TO MAINSTREAM REMEMBER LIKE ARROYO FILING MORE JOURNALIST OF LIBEL EVEN IF THEY ARE TRUE.

  17. jrmagtago says:

    GUYS WHY OTHERS N I ARE AGAINST TO THIS LAW BECAUSE WE HAVE THE SAME SENTIMENT WHO OPPOSE THIS LAW LIKE GUINGONA AND HE SAID BY CLICK THIS LINK:https://www.facebook.com/photo.php?fbid=413317762057128&set=a.111452745576966.16292.103868143002093&type=1&theater THAT OTHERS AND I ARE AGREED TO HIS SENTIMENT THAT YOU SHOULD ALSO KNOW GUYS.

  18. devil's advocate says:

    interested european here.
    essentially we need protection against cybercrime but it comes one-sided.
    much of that is the fault of the buggy software. system houses should be held responsible for damage on open attack vectors.
    “social crime” has to be targeted more in physical life. rumor is rumor, society needs to learn to discard negativity, and never believe too quickly.
    we must not forget the emancipatory factor of free speech, because too many are powerful enough to get away with any lie, and very often such law won’t help.

    please, search out the european “clean IT” project. there are coincidences, also with the danger of misuse. the agenda is not just local. it’s also about those notorious “trade agreements” that want to lock down influence by democracy.

    http://www.atimes.com/atimes/Southeast_Asia/NI20Ae02.html
    this is about vietnam’s blog wars.

  19. Antethesis says:

    Before anyone complains further, the main reason I object to the law, above the libel clause, is Section 12. They can literally spy on us — without a court order. Read, analyze, then decide for yourself.

  20. liscensedgirl says:

    I’m so happy that we already have “Anti-Cybercrime bill” until now, i dont want to activate my Facebook account because of my ex boyriend, who is a stalker of mine now. He made an account which is in my name and add all my co-workers, my friends, also my family members and the worst senario “destroying my family”. He e-mailed my husband about my daughter saying He is not the father which is not true and until now that account is still activated and still sending message to my husband.I know God has a plan for everything and this is the right time.. Right time to speak and right time to have a justice,. for me and for my daughter..

  21. Boy Sigwa says:

    The problem are too many. Like real identity. Someone can use your identity or other identity and do some cyber bullying. How are you gonna catch the real culprits, and you might be surprise these are being done by robots !!!!

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Abe is the founder and Editor-in-Chief of YugaTech. You Can follow him on Twitter @abeolandres.

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